S.147: Reassessment – After the expiry of four years- Agricultural income –Change of opinion- Objection was disposed without speaking order-No failure to disclose material facts -Notice for reassessment only for the relevant year and there were hundreds of coffee growers whose income were also exempted, reopening notice issued only against assessee during relevant assessment year was unjustified .[ S.10(1), 148 ]
S.147: Reassessment-After the expiry of four years- Reopening of assessment on the ground that activities of assessee is not eligible for deduction was held to be change of opinion, hence reopening was held to be not valid [ S.80IB(8A), 148 ]
S. 147:Reassessment- Transfer pricing – Permanent establishment – Income had already been disclosed by the Indian subsidiary and found by the Transfer Pricing Officer (TPO) to be at arm’s length. Reassessment was held to be bad in law .[ S. 92C, 148 ]
S. 147 : Reassessment –Change of opinion- Deduction was allowed in the original assessment, on the same facts to hold that the excess deduction was allowed will be change of opinion therefore ,reassessment was held to be bad in law . [S.10A,148 ]
S. 145:Method of accounting – Developer –Percentage completion method – Accounting Standards AS-1, AS-7 & AS-9, the Guidance Note on Accounting for Real Estate Transactions issued by the ICAI- Percentage of revenue recognised by the CIT(A) was held to be justified. [ S. 145(2) ]
S. 145 : Method of accounting –Where then books of account is rejected and income is estimated , separate addition u/s 40A(3), 68 or peak credit cannot be made .[ S. 68. 145(3) ]
S. 145: Method of accounting -Valuation of stock — Opening and closing stock to be valued on same basis [ S. 143(3) ]
S.145: Method of accounting – Accrual — Mercantile system of accounting -Interest on fixed deposits-Interest accrued is taxable income and liable to tax as soon as it accrues .[ S.4 ,5 ]
S. 144 : Best judgment assessment –Road contractor-Order passed by the CIT(A) was incomplete matter was remanded to CIT(A) for reappraisal of material on record. [ S. 145 , 145(3) ]
S. 143(3): Assessment – Transfer pricing —Amalgamation —On the date of passing of draft assessment order , assessee company was merged with another company hence the order was held to be not sustainable [ S. 92D ]